ALAM SINGH Vs. BISHAN SINGH

JUDGEMENT

(1.) THIS second appeal, preferred under Section 100 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 05.11.1981, passed by learned District Judge, Chamoli, in Civil Appeal No. 07 of 1981, whereby the judgment and decree dated 16.06.1981, passed by Munsif, Karanprayag, in Civil Suit No. 51 of 1972, dismissing the suit, is affirmed, and the appeal is dismissed.

(2.) HEARD learned counsel for the parties and perused the papers on record.

(3.) BRIEF facts of the case are that plaintiffs (present appellants) who are residents of village Malla Kaliyana, Patti Lohba, Tehsil Karanprayag, District Chamoli, instituted a suit in 1972, under Section 11 of the Kumaun Nayabad and Waste Lands Act, 1948 (U.P. Act No. XXXII of 1948) [now repealed during the pendency of suit in 1977] against the grant of Nayabad over plot No. 243 to the defendants (present respondents) and sought declaration that the plaintiffs grazing right and collecting pine needles (leaves) should not be interfered by the defendants, who are residents of village Talli Kaliyana, Patti Lohba, Tehsil Karanprayag, District Chamoli. It is pleaded in the plaint that the plaintiffs and other residents of their village have grazing right and the right to collect the pine needles from plot No. 243, measuring area 10 Nalis. It is further pleaded that the Nayabad grant No. 980 of 1970 -71 was given to the defendants, vide order dated 28.01.1972, by the Commissioner, Pauri Garhwal. The plaintiffs case is that there is already paucity of grazing land for them and as such defendants should not have been given said grant, nor have the defendants any right to interfere with the customary and easementary rights of the plaintiffs. It is further alleged in the plaint that the defendants got the Nayabad grant issued by fraud.